Privacy Policy

Last Updated: January 2, 2024

ClearPoint Neuro, Inc. (“ClearPoint”, “we”, “us”, or “our”) is committed to respecting your privacy. This Privacy Policy (the “Privacy Policy”) explains our practices regarding the collection, use, and disclosure of information that you (“you” or “users”) may provide to us through your use of our website located at www.ClearPointNeuro.com, our social media pages, and any of our other web pages that link to this Privacy Policy (collectively, our “Website”).

If you have entered into a separate agreement with us that relates to our Website, that separate agreement shall control, and only those terms within this Privacy Policy that do not conflict with such separate agreement shall apply. This Privacy Policy does not affect any other privacy notices that we have provided to you. This Privacy Policy does not cover information we receive from third parties. If you have any questions regarding this Privacy Policy, please contact us at legal@clearpointneuro.com.

By accessing the Website, you agree to be bound by this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Website. Each time you use the Website, the current version of this Privacy Policy will apply. Accordingly, when you use the Website, you should check the date of this Privacy Policy (which appears at the top) and review any changes since you last reviewed the Privacy Policy.

Information We Collect

We collect two types of information from or about users of our Website: “Personal Information,” which is information that you provide that can be used to identify you directly or indirectly (such as your name, email address, etc.), and “Aggregate Information,” which is information that cannot be used to identify you (such as frequency of visits to the Website, browser type, etc.). When we collect or create Aggregate Information, it is not linked to your Personal Information.

INFORMATION YOU PROVIDE TO US

We collect Personal Information that you voluntarily provide to us when you use our Website. For example, you may provide us with your contact information such as your email address, first name and last name, inquiry type, the content of your message, or other Personal Information when you choose to submit such information to us through email, an online form, or other method (such as contacting us through our “Contact Us” Site feature). You may also sign up to receive newsletters and press releases from us. If you do so, you are giving us to permission to contact you using the contact information that you provide to us, including for marketing purposes. In addition, we collect your responses to any surveys that we may ask you to complete for research purposes.

PRODUCT AND OTHER INQUIRIES

Our Website allows you to submit various requests or inquiries to us about our products. When you do so, we collect your contact information such as your name, email address, phone number,

and information about the organization or institution that you are affiliated with (if applicable), and the content of your request or inquiry. We also sometimes offer outreach programs that allow patients to contact us about their experience. If you do so, we will collect your contact information and information about your experience. You may also optionally request to speak with us further about your experience, and may be offered opportunities to be featured in various media and events (which will always be at your option). Additional details about our use of your information will be provided at the time that we collect your information.

CUSTOMER INFORMATION

We collect contact information of customers and prospective customers, such as name, email address, physical address, and phone number. Please note that if you are a customer, our use of your information is governed by the commercial agreement between you and ClearPoint, if applicable.

FELLOWSHIPS AND GRANTS

If you submit grant or fellowship applications, we collect your contact details and the content of your application. Please do not submit any information that you do not have permission to provide to us.

INFORMATION WE AUTOMATICALLY COLLECT

When you use our Website, we automatically receive and collect information about you and your device. This information includes the following:

Information about your device, such as the operating system, hardware, system version, Internet Protocol (IP) address, device ID, and device language.
The specific actions that you take when you use our Website, including but not limited to the pages and screens that you view or visit, search terms that you enter, and how you interact with our Website.
The time, frequency, connection type, and duration of your use of our Website. Information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message.
Identifiers associated with cookies or other technologies that may uniquely identify your device or browser (as further described below).
Pages you visited before or after navigating to our Site.

EMPLOYMENT

If we have collected your Personal Information in connection with our “Careers” page in response to a job opening, you are giving us permission to use and retain your information for the purpose of evaluating your application for employment consideration for the specific position that you applied to, as well as other roles at ClearPoint. This Personal Information may be processed and stored by a third party talent tracking solution provider as well as with vendors, consultants, and other service providers who need access to such information to carry out work relating to the recruitment process on our behalf. If you are a California resident, please see our California Notice to Employees, Job Applicants, and Independent Contractors here.

COLLECTION OF PERSONAL INFORMATION BY THIRD PARTIES

Some links on our Website may redirect you to third-party websites that we do not operate, which may include social media features, such as LinkedIn or Twitter buttons or links. The privacy practices of those websites will be governed by their own policies. We make no representation or warranty as to the privacy practices or policies of any third parties, including the providers of third-party applications. If you are submitting information to any such third-party through our Website, you should review and understand that party’s applicable policies, including their privacy policies, before providing your information to the third-party.

AGGREGATE INFORMATION COLLECTED

Aggregate Information is information that does not identify you. Aggregate Information may be collected when you use our Website, independent of any information you voluntarily enter. Additionally, we may use one or more processes to de-identify information that contains Personal Information, such that only Aggregate Information remains. We may collect, use, store, and transfer Aggregate Information without restriction.

USE OF “COOKIES”

Like most websites, our Website may use “cookies.” Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to help us identify you when you come to our Website. You have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you may be unable to use those aspects of our Website that require registration in order to participate. You can learn more about cookies and how they work at www.allaboutcookies.org. You can always disable cookies through your browser settings. Doing so, however, may disable certain features on our Website. You can opt-out from third-party cookies that are used for advertising purposes on the NAI website.

Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser.

ANALYTICS

Our website uses Google Analytics to provide insight into our website. If you would like to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/.

How We Use Your Information

In general, we collect Personal Information and other information from you so that we can provide our Website, operate our business, and provide information that you request from us. This includes the following uses and purposes:

Provide, operate, improve, maintain, and protect our Website.
Provide you with technical and other support.
Respond to your inquiries and requests.
Provide you with products or services that you request from us.
Send you updates, marketing communication, and other information about ClearPoint and our Website.
Conduct research and analysis, and monitor and analyze trends and usage.
Enhance or improve user experience, our business, and our Website, including the safety and security thereof.
Personalize our Website to you.
Communicate with you.
Consider your application for employment.
Consider your grant and fellowship applications.
As necessary to comply with any applicable law, regulation, subpoena, legal process, or governmental request.
Enforce contracts, including investigation of potential violations thereof.
Detect, prevent, or otherwise address fraud, security or technical issues.
Protect against harm to the rights, property or safety of ClearPoint, our users, or the public as required or permitted by law.

Sharing of Personal Information with Third Parties

We do not rent or sell your Personal Information.

Like most companies, we share information, including Personal Information, in certain circumstances with third parties through operation of our Website and our business. Below we explain when that happens.

SERVICE PROVIDERS

We may transfer Personal Information to third parties for the purpose of providing the Website or operating our business. For example, we may transfer your Personal Information to third-party service providers to assist with providing the Website, and to communicate with you about current or future offerings.

REQUIRED TRANSFERS

We may also transfer your Personal Information to third parties under the following circumstances: (i) to obtain legal advice or comply with a legal requirement, law, subpoena, judicial proceeding, court order, governmental request, or legal process; (ii) to investigate a possible crime, such as fraud or identity theft; (iii) in connection with the sale, purchase, merger, asset sale, financing, reorganization, liquidation or dissolution of ClearPoint, including in the evaluation thereof; (iv) when we believe it is necessary to protect the rights, property, or safety of ClearPoint or other persons, or (v) as otherwise required or permitted by law, including any contractual obligations of ClearPoint.

AS DIRECTED BY YOU AND WITH YOUR CONSENT

Except as otherwise provided in this Privacy Policy, we share Personal Information with companies, organizations or individuals outside of ClearPoint only at your direction or when we have your consent to do so.

Opt-Out

If you no longer wish to receive our marketing and promotional communications, you may opt-out by following the instructions included in each communication.

Children and Privacy

Our Website is not intended to be used by children under the age of 16, and we do not knowingly collect Personal Information from children under the age of 16 in connection with the Website.

How Do We Protect Your Information

We take the security of your Personal Information very seriously. We use reasonable administrative, physical, and technical safeguards to secure the Personal Information you share with us. Despite these safeguards and our additional efforts to secure your information, we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your Personal Information.

Transfer of Personal Information Outside of the United States

Your Personal Information may be stored and processed in any country in which we engage service providers, including to countries outside of the location(s) of your business. Where such transfers of your personal information are made, they will be made in accordance with applicable law.

Information for California Residents

Residents of California have additional privacy rights. Information on these rights is provided in our California Residents Privacy Notice.

International Visitors – General Information

Our website is hosted in the United States. If you use this website from the United Kingdom, European Union or other regions of the world with laws governing data collection and use that may differ from United States law, then please note that by sending an email or other communication containing personal information or by providing personal information through our website, you are voluntarily transferring your personal information outside of those regions to the United States.

People in the European Economic Area, Switzerland or the United Kingdom

Information for visitors from the European Economic Area, Switzerland and the United Kingdom

Name of data controller and contact details	ClearPoint Neuro, Inc., 120 S. Sierra Ave., Suite 100 Solana Beach 92075 Attention: General Counsel legal@clearpointneuro.com
Purposes of the processing	The purposes of the processing are described in the section of this Privacy Policy entitled How We Use Your Information.
Lawful basis for the processing	Generally, we process personal data on the basis that the processing is necessary for purposes of our legitimate interest in conducting our business in a manner typical in the US medical device industry, having taken into account any risks to your fundamental rights and freedoms (including your right to privacy). We also may process personal data on other bases permitted by the EU General Data Protection Regulation (“GDPR”), the UK Data Protection Act 2018 and other applicable laws, such as when the processing is necessary for us to comply with our legal obligations.
The legitimate interests of the controller or third party, where applicable	Our specific legitimate interests, such as responding to your requests, comments and questions, providing you with support and improving the website, are described in the section of this Privacy Policy entitled How We Use Your Information.
The categories of personal data concerned	The categories of personal data that we process are described in the section of this Privacy Policy entitled Information We Collect.
The recipients or categories of recipients of the personal data	The potential recipients of the personal data that we collect via the website are described in the section of this Privacy Policy entitled Sharing of Personal Information with Third Parties.
Information regarding the transfers of personal data outside of the European Economic Area (EEA), Switzerland and the United Kingdom (UK)	ClearPoint Neuro, Inc. is headquartered in the USA and the website is hosted in the USA. The laws of the USA have not been deemed by the European Commission, the United Kingdom or Switzerland to provide an adequate level of protection to personal data. When you provide your personal data to us via the website or contact us by email, you are providing your personal data directly to the USA. Before you provide your personal data to us via the website, we request your explicit consent to the transfer of your personal data to the USA. When you email us, the fact that you have chosen to email us knowing that we are located in the USA will be understood to constitute your express consent to the transfer of the personal data in your email (including your email address) to the USA. Regardless of the differences in US and European privacy laws, we safeguard your personal data as described in this Privacy Policy. If we transfer your personal data to a third party, we require the third party to commit contractually to process your personal data only in ways that are consistent with this Privacy Policy.
The period for which the personal data will be stored, or the criteria for determining the retention period	How long we retain personal data varies according to the type of data in question and the purpose for which it is used. We delete personal data within a reasonable period after we no longer need to use it for the purpose for which it was collected or for any subsequent purpose that is compatible with the original purpose. This does not affect your right to request that we delete your personal data before the end of its retention period. We may archive personal data (which means storing it in inactive files) for a certain period prior to its final deletion, as part of our ordinary business continuity procedures.
Your rights to access, correct, restrict or delete your personal data and object to processing	You have the right to request access to your personal data, to have your personal data corrected, restricted or deleted, and to object to our processing of your personal data. Your rights may be subject to various limitations under the GDPR. If you wish to exercise any of these rights, or if you have any concerns about our processing of your personal data, please contact us in any of the ways listed in the section entitled How to Contact Us. The GDPR’s data portability rights are not relevant to the kinds of processing that we do.
The right to lodge a complaint with a supervisory authority	You have the right to file a complaint concerning our processing of your personal data with your national (or in some countries, regional) data protection authority. The EU Commission has a list here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm See www.ico.org.uk for information about contacting the UK Information Commissioner’s Office. See www.edoeb.admin.ch/edoeb/en/home.html for information about contacting the Swiss Federal Data Protection and Information Commissioner.
Statutory or contractual requirement or other obligation to provide any personal data	Users of the website are under no statutory or contractual requirement or other obligation to provide personal data to us via the website.

Each time you use our Website the current version of this Privacy Policy will apply. When you use our Website, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. Our business changes frequently

and this Privacy Policy is subject to change from time to time.

How to Contact Us

To contact us with your questions or comments regarding this Privacy Policy or our privacy practices in general, please email us at legal@clearpointneuro.com.

ClearPoint Neuro, Inc.,

120 S. Sierra Ave., Suite 100

Solana Beach 92075

Attention: General Counsel